Hindu Law -- Joint Family Property - Alienation by Karta - Where alienation of joint family property is not made with the consent of all coparceners, it is voidable at the instance of coparcener whose consent has not been obtained...........
Hindu Law -- Joint Family Property - Hindu father or any other managing member of HUF has power to make gift of ancestral property only for a `pious purpose' - `Pious purpose' is a gift for charitable and/or religious purpose'...........
Hindu Law -- Joint Family Property - A deed of gift of ancestral property executed `out of love and affection' does not come within the scope of the term `pious purpose'...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping for ransom - Criminal conspiracy - No evidence on record that any of kidnappers were known beforehand to accused `R' and accused `A' - Calls were made to mobile/telephone numbers of victim which accused `R' had - It is not the case of police that accused `R' and accused `A' gave any lead or information with regard..........
Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - There are no materials disclosed or even pleadings to show even prima facie that plaintiff was a family member or a near relative of `G' on the life of which film was based - Contention of plaintiff is that story of `G' sought to be depicted is untrue, is..........
Family Courts Act, 1984, Section 7, Limitation Act, 1963, Section 29(3) -- Word `proceedings' within meaning of S.29(3) of the Act is to be confined to original proceedings...........
Hindu Marriage Act, 1955, Section 15, Family Courts Act, 1984, Section 19 -- Decree of divorce - Second marriage by husband during pendency of appeal - Husband failed to establish that appeal was not filed within period stipulated in S.19 of Family Courts Act or that appeal was not presented during period of S.15 of Hindu Marriage Act within time - Second marriage relied..........
Family Courts Act, 1984, Section 21, Family Courts (Procedure) Rules, 1996, Rule 52 -- Appeal - Appeal cannot be maintained within 30 days in the absence of a certified copy...........